Constitutional Law

Supreme Court Upholds Cooperative Society’s Right to Redevelop Property: Bengal Secretariat Cooperative Land Mortgage Bank vs. Aloke Kumar (2022)

/ Constitutional Law, Constitutional Law with Article 227, Cooperative Law, Cooperative Society Autonomy, J.B. Pardiwala, Judges, S. Ravindra Bhat, Uday Umesh Lalit, West Bengal Co-operative Societies Act, 2006 with Section 28, West Bengal Co-operative Societies Rules, 2011 with Rule 21

Supreme Court Upholds Cooperative Society’s Right to Redevelop Property: Bengal Secretariat Cooperative Land Mortgage Bank vs. Aloke Kumar (2022) LEGAL ISSUE: Whether a cooperative society can engage a third-party developer for property redevelopment. CASE TYPE: Cooperative Law, Property Law Case Name: The Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. vs. Sri Aloke […]

Supreme Court Upholds Cooperative Society’s Right to Redevelop Property: Bengal Secretariat Cooperative Land Mortgage Bank vs. Aloke Kumar (2022) Read Post »

Hijab Ban in Karnataka Schools: Supreme Court Split on Religious Freedom and Education (13 October 2022)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 25, Fundamental Rights, Hemant Gupta, Judges, Karnataka Education Act, 1983, Karnataka Education Act, 1983 with Section 143, Karnataka Education Act, 1983 with Section 39(1)(b), Karnataka Education Act, 1983 with Section 7(2), Sudhanshu Dhulia

Date of the Judgment: 13 October 2022 Citation: Aishat Shifa v. The State of Karnataka & Ors. (2022) INSC 900 Judges: Hemant Gupta, J. and Sudhanshu Dhulia, J. (Divergent Opinion) Can a state government enforce a uniform in schools that effectively bans religious attire like the hijab? The Supreme Court of India grappled with this

Hijab Ban in Karnataka Schools: Supreme Court Split on Religious Freedom and Education (13 October 2022) Read Post »

Supreme Court Upholds Seniority Based on Regularization Date in Nagaland Education Department: Imlikokla Longchar & Ors. vs. The State of Nagaland & Ors. (2022)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 309, Dinesh Maheshwari, Judges, Seniority, Service Law, Service Law with Service Rules

Seniority Dispute: Supreme Court Upholds High Court Decision in Nagaland Education Department Case Date of the Judgment: October 11, 2022 Citation: (2022) INSC 499 Judges: Dinesh Maheshwari, J., Aniruddha Bose, J. (authored the judgment) Can prior officiating service in a higher post be counted towards seniority over a person who was regularized earlier in that

Supreme Court Upholds Seniority Based on Regularization Date in Nagaland Education Department: Imlikokla Longchar & Ors. vs. The State of Nagaland & Ors. (2022) Read Post »

Supreme Court Upholds Chancellor’s Authority in Vice-Chancellor Reappointment: State of West Bengal vs. Anindya Sundar Das (2022)

/ Appointment of Vice-Chancellor, Calcutta University Act, 1979, Calcutta University Act, 1979 with Section 60, Calcutta University Act, 1979 with Section 8, Constitutional Law, Dhananjaya Y Chandrachud, Hima Kohli, Judges, Writ of Quo Warranto

Supreme Court Upholds Chancellor’s Authority in Vice-Chancellor Reappointment: State of West Bengal vs. Anindya Sundar Das (2022) LEGAL ISSUE: Whether the State government has the authority to reappoint a Vice-Chancellor of a State University, or if that power rests solely with the Chancellor. CASE TYPE: Education Law, Writ of Quo Warranto Case Name: State of

Supreme Court Upholds Chancellor’s Authority in Vice-Chancellor Reappointment: State of West Bengal vs. Anindya Sundar Das (2022) Read Post »

Supreme Court overturns conviction in murder case due to flawed evidence: Munikrishna vs. State (2022)

/ Confession, Constitutional Law, Constitutional Law with Article 20(3), Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court overturns conviction in murder case due to flawed evidence: Munikrishna vs. State (2022) LEGAL ISSUE: Admissibility of confessional statements made to police and the evaluation of circumstantial evidence in a criminal trial. CASE TYPE: Criminal Law Case Name: Munikrishna @ Krishna Etc. vs. State by Ulsoor PS [Judgment Date]: 30 September 2022 Date

Supreme Court overturns conviction in murder case due to flawed evidence: Munikrishna vs. State (2022) Read Post »

Supreme Court allows Banks’ challenge to RBI’s disclosure of information under RTI Act: HDFC Bank Ltd. vs. Union of India (2022)

/ B.R. Gavai, Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 35, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 32, Fundamental Rights, Judges, Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 45NB, Right to Information Act, 2005, Right to Information Act, 2005 with Section 11, Right to Information Act, 2005 with Section 8

Supreme Court allows Banks’ challenge to RBI’s disclosure of information under RTI Act: HDFC Bank Ltd. vs. Union of India (2022) Date of the Judgment: 30 September 2022 Citation: 2022 INSC 838 Judges: B.R. Gavai, J., C.T. Ravikumar, J. Can a previous judgment of the Supreme Court be challenged through a writ petition? The Supreme

Supreme Court allows Banks’ challenge to RBI’s disclosure of information under RTI Act: HDFC Bank Ltd. vs. Union of India (2022) Read Post »

Supreme Court Denies Compassionate Appointment to Married Daughter: State of Maharashtra vs. Madhuri Maruti Vidhate (2022)

/ Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Fundamental Rights, Judges, Krishna Murari, M.R. Shah, Service Law

Supreme Court Denies Compassionate Appointment to Married Daughter: State of Maharashtra vs. Madhuri Maruti Vidhate (2022) LEGAL ISSUE: Whether a married daughter is entitled to compassionate appointment after the death of her mother, who was previously appointed on compassionate grounds after the death of her father. CASE TYPE: Service Law Case Name: The State of

Supreme Court Denies Compassionate Appointment to Married Daughter: State of Maharashtra vs. Madhuri Maruti Vidhate (2022) Read Post »

Compassionate Appointment Denied After 24 Years: Supreme Court Rules in Fertilizers and Chemicals Travancore Ltd. vs. Anusree K.B. (30 September 2022)

/ Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Delay in Application, Judges, Krishna Murari, M.R. Shah, Service Law

Supreme Court Denies Compassionate Appointment After 24 Years: Fertilizers and Chemicals Travancore Ltd. vs. Anusree K.B. (2022) LEGAL ISSUE: Whether a dependent is entitled to compassionate appointment after a significant delay from the death of the employee. CASE TYPE: Service Law Case Name: Fertilizers and Chemicals Travancore Ltd. & Ors. vs. Anusree K.B. Judgment Date:

Compassionate Appointment Denied After 24 Years: Supreme Court Rules in Fertilizers and Chemicals Travancore Ltd. vs. Anusree K.B. (30 September 2022) Read Post »

Supreme Court Cancels Bail for Accused in Double Murder Case: Ajwar vs. Niyaj Ahmad (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Hima Kohli, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body

Supreme Court Cancels Bail for Accused in Double Murder Case: Ajwar vs. Niyaj Ahmad (2022) LEGAL ISSUE: Whether the High Court was justified in granting bail to an accused in a double murder case without considering the seriousness of the crime and the accused’s role. CASE TYPE: Criminal Case Name: Ajwar vs. Niyaj Ahmad &

Supreme Court Cancels Bail for Accused in Double Murder Case: Ajwar vs. Niyaj Ahmad (2022) Read Post »

Supreme Court Clarifies Minimum Area for Electricity Distribution Licenses: Jindal Steel vs. Chhattisgarh State (29 September 2022)

/ Ajay Rastogi, Area of Supply, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 243(Q), Electricity Act, 2003, Electricity Act, 2003 with Section 14, Judges, Licensing

Supreme Court Clarifies Minimum Area for Electricity Distribution Licenses: Jindal Steel vs. Chhattisgarh State (2022) LEGAL ISSUE: Interpretation of “area of supply” for electricity distribution licenses. CASE TYPE: Electricity Law, Regulatory Law. Case Name: M/s. Jindal Steel and Power Limited vs. The Chhattisgarh State Electricity Regulatory Commission and Ors. [Judgment Date]: 29 September 2022 Introduction

Supreme Court Clarifies Minimum Area for Electricity Distribution Licenses: Jindal Steel vs. Chhattisgarh State (29 September 2022) Read Post »

Supreme Court Expands Abortion Rights: Unmarried Women Included Under MTP Act (29 September 2022)

/ A S Bopanna, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Fundamental Rights, J B Pardiwala, Judges, Medical Termination of Pregnancy Act, 1971, Medical Termination of Pregnancy Act, 1971 with Section 3, Medical Termination of Pregnancy Rules, 2003

Supreme Court expands abortion access to unmarried women Date of the Judgment: 29 September 2022 Citation: (2022) INSC 827 Judges: Dr Dhananjaya Y Chandrachud, J, A S Bopanna, J, and J B Pardiwala, J. Can unmarried women be denied the right to terminate a pregnancy? The Supreme Court of India recently addressed this critical question,

Supreme Court Expands Abortion Rights: Unmarried Women Included Under MTP Act (29 September 2022) Read Post »

Supreme Court disposes of Andhra Pradesh-Karnataka River Water Dispute Suit: State of Andhra Pradesh v. State of Karnataka (2022) INSC 823 (28 September 2022)

/ Constitutional Law, Inter-State Disputes, Inter-State River Water Disputes, Inter-State River Water Disputes Act, 1956, Inter-State River Water Disputes Act, 1956 with Water Disputes Tribunal, J.B. Pardiwala, Judges, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court disposes of Andhra Pradesh-Karnataka River Water Dispute Suit Date of the Judgment: 28 September 2022 Citation: (2022) INSC 823 Judges: Uday Umesh Lalit, CJI, S. Ravindra Bhat, J., J.B. Pardiwala, J. Can a decades-old water dispute be resolved without a formal adjudication? The Supreme Court of India recently addressed this question in a

Supreme Court disposes of Andhra Pradesh-Karnataka River Water Dispute Suit: State of Andhra Pradesh v. State of Karnataka (2022) INSC 823 (28 September 2022) Read Post »

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